Case Summary
This case involves Plaintiffs Archana, Gopikrishna, Krishnankutty Pillai, and Sindhu Meenakshi Amma against Defendants Nidheesh, Nishanth, and Unnikrishna Pillai regarding a disputed pathway. The plaintiffs seek to restrain the defendants from trespassing on their property and obstructing their right of way.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restraining the defendants and their agents from trespassing into the plaint A schedule property and from obstructing the right of way of plaintiffs 2 to 4.
Case Type
Injunction
Final Judgment
No
The court allowed the plaintiffs' application for an injunction, restraining the defendants from trespassing on the plaintiffs' property and from obstructing their right of way through the disputed pathway.
Why Plaintiff Won:
The plaintiffs established a prima facie case and showed potential for irreparable injury.
The plaintiffs established a prima facie case and showed potential for irreparable injury.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiffs claim that the defendants have no legal right to widen the disputed D schedule pathway, which provides access through the disputed A schedule to the defendants’ land.
Judgment Evidence:
In the result, IA allowed as follows: Restraining the defendants and their agents from trespassing into the plaint A schedule property and from widening the A schedule way leading to the properties of the defendants 1 and 2, and from obstructing the right of way of plaintiffs 2 to 4 through the D schedule way, till the disposal of suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Archana
- Party Age
- 33
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Gopikrishna
- Party Age
- 30
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Krishnankutty Pillai
- Party Age
- 66
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sindhu Meenakshi Amma
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nidheesh
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nishanth
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Unnikrishna Pillai
- Party Age
- 68
- Relation
- S/o
Plaintiffs Documents
Partition Deed No. 3591/1987, Settlement Deed No. 180/2012, Settlement Deed No. 911/2017, Sale Deed No. 3355/1993, Land Tax Receipt.
Defendants Documents
Settlement Deed No. 3839/2022, Settlement Deed No. 3840/2022, Commission report prepared and submitted by Advocate commissioner.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Anwar Shah.S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.B.Byju.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Interim injunction restraining the defendants and their agents from trespassing into the plaint A schedule property and from widening the D schedule pathway.
Evidence:
Thus, point Nos. 1 to 3 are found in favour of the plaintiffs. In the result, IA allowed as follows: Restraining the defendants and their agents from trespassing into the plaint A schedule property and from widening the A schedule way.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
It is the primary document of title concerning the plaint A, B, C, and D schedule properties.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Settlement deed transferring a half share of property to the 1st plaintiff.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Settlement deed transferring property to the 2nd plaintiff.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Sale deed transferring property to the 3rd and 4th plaintiffs.
Reference:
Ext.A4
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt issued for property related to the case.
Reference:
Ext.A5
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Settlement deed regarding property assignment to the 1st defendant.
Reference:
Ext.B1
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Settlement deed regarding property assignment to the 2nd defendant.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Defendant
Relevance:
Commission report related to the usage of the pathway by the defendants.
Reference:
Ext.B3
Document Type:
Photograph
Submitted By:
Unknown
Relevance:
Evidence submitted regarding the properties in dispute.
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court appointed commission report regarding the disputed D schedule pathway.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Document detailing findings during the commission visit.
Reference:
Ext.C1(a)
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Sketch prepared during the commission visit.
Reference:
Ext.C1(b)
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.
Case Code Year
2024